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Home My WebLink AboutC-2604 - Off-Site ParkingCity Council Mee �, ) Agenda Item No L /3 r � ' (/�/ l d CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: Use Permit No. 1758 (Amended) (SO(o) July 28, 1986 D -3 C - Z�Ol BY THE CITY COUNCIL UATY OF NEWPORT (TEACH JUL 2 8 1986 APPROVED Public hearing and City Council review of a request to amend a previously- approved use permit which permitted the establishment of the private club known as "Tiffany's Astrological Club" with on -sale alcoholic beverages, live entertainment, and dancing. The proposed amendment includes a request to approve an off -site parking agreement so as to allow a portion of the required off - street parking to be located in the parking lot of the Lido 1titxg.;.Ge.at =3355 V#:= .Lido. The proposal also includes a modification to the Zoning Code to use tandem parking for a portion of the on -site parking spaces and the use of a full -time valet parking service. LOCATION: Parcel No. 1 of Parcel Map 60 -43 (Resubdivision No. 433), (pri- vate club site) located at 3388 Via Lido, on the northeasterly side of Via Lido between Via Oporto and Via Malaga, adjacent to Lido Marina Village; and Lot 4, Tract No. 907 (off -site parking site) , located at 3355 Via Lido in the Lido Building parking lot. ZONE: C -1 APPLICANT: Tiffany's Astrological Club, Newport Beach OWNER: Traweek Investment Fund #12, Ltd., Marina del Rey Application This is a request to amend previously- approved use permit which permitted the establishment of "Tiffany's Astrological Club," a private club with on -sale alcoholic beverages, live entertainment, and dancing. The proposed amendment includes a request to approve an off -site parking agreement so as to allow a portion of the required off - street parking to be provided in the Lido Building parking lot. Also included is a modification to the Zoning Code to use tandem parking for a portion of the parking spaces and the use of a full -time valet parking service. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code. Modification procedures are set forth in Chapter 20.81 of the Municipal Code. In accordance with Section 20.30.035B of the Newport Beach Municipal Code, the Planning Commission shall not recommend, and the City Council shall not approve, off - street parking on a separate lot from the building site or sites unless: To: City Acil - 2. • a) Such lot is so located as to be useful in connection with the pro- posed use or uses on the building site or sites. b) Parking on such lot will not create undue traffic hazards in the surrounding area. c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the Office of the County Recorder, and copies thereof filed with the Planning Department. Suggested Action Hold hearing; close hearing; if desired, sustain, modify or overrule the decision of the Planning Commission; and approve the off -site parking agree- ment. Planning Commission Recommendation At its meeting of June 19, 1986, the Planning Commission voted (5 Ayes, 2 Noes) to recommend the approval of Use Permit No. 1758 (Amended) and related off -site parking agreement, with the Findings and subject to the following Conditions of Approval: FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The off -site parking area is located so as to be useful to the subject private club use. 4. Parking on the subject off -site lot will not create undue traffic hazards in the surrounding area. 5. That the applicant has entered into an appropriate lease for the off- site parking spaces, which is of sufficient duration for the private club. TO: City *cil - 3. 0 6. The approval of Use Permit No. 1758 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 7. The proposed use of a valet parking service and tandem parking spaces will not, under the circumstances of this particular case, be detri- mental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That the City Traffic Engineer shall approve the on -site valet park- ing plan, including the tandem parking spaces and the on -site valet station, and the off -site tandem parking space, prior to beginning the operation of the private club. 3. That on -site Parking Spaces No. 1 and 20 shall only be used for the parking of compact automobiles. 4. That on -site Parking Spaces No. 21, 22 and 26 shall not be used by the valets to park automobiles. 5. That an off -site parking agreement shall be approved by the City Council, and be recorded in the County Recorder's Office, guarantee- ing that a minimum of 9 parking spaces shall be provided in the Lido Building parking lot between 9:00 p.m. and 11:00 p.m. and 60 parking spaces between 11:00 p.m. and 2:00 a.m. daily for the duration of the private club use on the property located at 3388 Via Lido. 6. That all employees shall park on the off -site parking lot. 7. That no valet parking, pick -ups or deliveries shall be permitted on public streets. 8. That the live entertainment shall be confined to the interior of the facility. 9. That there shall be no sound amplification used outside of the build- ing. 10. That the hours of operation of the private club shall be limited between the hours of 9 :00 p.m. and 2:00 a.m. daily. TO: City CcTincil - 4. 11. That the tree damaged public sidewalk along the Via Lido frontage adjacent to the private brick sidewalk be reconstructed; that the private brick sidewalk be repaired as needed; and that the adjacent private tree be root pruned. All work shall be completed prior to implementation of the subject use permit. 12. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the opera- tion which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 13. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. On June 23, 1986, the City Council voted unanimously to schedule a public hearing regarding this matter at its meeting of July 28, 1986. Staff had recommended the denial of the applicant's request due to the potential for the creation of undue traffic hazards in the area and the conflicts between two destination point uses (The California Beach Restaurant and Tiffany's Astrological Club) in one parking lot. However, a majority of the Commissioners were of the opinion that there has not been a traffic or circulation problem with Tiffany's since the original off -site parking agree- ment for the club in 1974 allowed the valets to cross Via Lido to Via Oporto. In addition, a majority of the Commissioners made the determination that a majority of the patrons of Tiffany's arrive after 11:00 p.m., and so there would not be a conflict in the off -site parking lot inasmuch as The California Beach Restaurant is required to close by 11:00 p.m. daily. Details of the proposed operation of Tiffany's and related off -site parking lot are provided in the attached copy of the Planning Commission staff report dated June 19, 1966. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director by W .( X.LI�a..r' /� . Z� WILLIAM R. LAYCOCK WRL /kk Current Planning Administrator CC18 Attachments for City Council Only: Planning Commission Staff Report dated 6/19/86 Excerpt of the Planning Commission Minutes dated 6/19/86 Floor Plans